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(영문) 대법원 2017.01.25 2016도17861
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀국외누설등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Of the facts charged in the instant case against Defendant A, the lower court found Defendant A guilty of both the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets abroad), the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets, etc.) and the facts charged in the instant case against Defendant B.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court’s judgment is justifiable.

In so determining, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act, or by omitting judgment, contrary to what is alleged in the grounds of appeal

In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendants were sentenced to a more minor punishment, the argument that punishment is too unreasonable is not a legitimate appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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